Lawstreet Journal

Gujarat HC quashes FIR in Minor Rape Case as Accused proposes to marry Rape Victim [READ JUDGMENT]

Lawstreet Journal 12 Sep 2020 1:51am

Image courtesy: Lawstreet Journal Judiciary Gujarat HC quashes FIR in Minor Rape Case as Accused proposes to marry Rape Victim [READ JUDGMENT]

Last week Gujarat High Court has quashed an FIR, which is related to the rape of a minor girl by in duty police officer. The quashing was based on the settlement between the parties and the court marriage of the accused police officer to the victim. 

The FIR was registered against the police officer under section 363 (punishment for kidnapping), 366 (kidnapping women to compel her for marriage), 376(2) (n) repeated rape on same women of the Indian penal code 1860 and under section 4 (punishment for penetrative sexual assault) and section 5 clause 1 (a) (police officer committing penetrative sexual assault on the child) and section 6(1) of Prevention of Child from Sexual Offences Act 2012. POCSO Act, 2012 is formulated in order to address the cases of sexual exploitation and sexual abuse of children.

Justice Ashok Kumar C. Joshi pointed out the Judgement from the Supreme Court, Narendra Singh and others v. State of Punjab and others, 2014 6 SCC 466, quashing of FIR in a criminal proceeding in serious offenses or other offense of mental depravity committed by the public servant while on duty upon compromise would not be ground for quashing under section 482 of the Code of Criminal Procedure, 1973. 

The Court has referred landmark decision of the Honorable Supreme Court in Prabhat Bhai Ahir v. State of Gujarat (2017) SCC online SC 1189 and State of Madhya Pradesh v. Lakshmi Narayan (2019) 5 SCC 688, that the Court is not considering the quashing of the petition in… Continue Reading...

Tagged: Gujarat High Court  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
New Members view all


C2RMTo Know More

Something Awesome Is In The Work









Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail